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Daycare Center and Family Home Forum>Anyone Providing Child Care from a Rental Home in CA?
Sergio 05:32 PM 04-22-2015
Hi, folks!

I've been reading this forum for a while, and have finally decided to post a question that keeps me up at night.

My wife wants to fulfill her dream and become a child care provider. Unfortunately, we can't afford to buy a good house in the location where there is a huge demand. So we decided to rent a house. Legally, we are 100% covered, because California has a special protection for renters providing child care:
http://www.publiccounsel.org/tools/a...d-May-2010.pdf

However, in my few years on Earth, I've already realized that legal theory and practical reality are often different. So has anyone here had any experience in providing child care from
a) a rental home
b) in California?

If so, how did this work out in practice? Did the landlords get upset and try to evict you despite what the law says?

Thank you for your answers!
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spedmommy4 05:47 PM 04-22-2015
In my experiences, it is hard to rent a place if in home childcare provider is listed as your profession; however, once you've been renting a place for awhile it tends not to be a big deal.

For the landlords that do check up on you regularly, I have found that they want to know:

A. Your childcare is insured (One required me to name them as an additional insured party)

B. You aren't letting the kids run wild and wreck the house

If you are doing the above and paying your rent on time, you should be okay.
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Sergio 05:56 PM 04-22-2015
Thanks for the quick reply! If I wasn't clear, I am sorry, but we have already signed a 3-year lease.
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daycare 06:11 PM 04-22-2015
It's easier if you move in and then start one after moving in they can't say no.

However last year I got into a law suit with a landlord who refused to rent to me because I operate a child care. It was you know what trying to rent a house with disclosing that I run a daycare. Insured or not most landlords don't want the liability or wear and Tare on their house

I have excellent credit and renting history that I was able to provide and it was a pure nightmare.
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Daycare Insurance 03:38 PM 04-23-2015
Originally Posted by Sergio:
Hi, folks!

I've been reading this forum for a while, and have finally decided to post a question that keeps me up at night.

My wife wants to fulfill her dream and become a child care provider. Unfortunately, we can't afford to buy a good house in the location where there is a huge demand. So we decided to rent a house. Legally, we are 100% covered, because California has a special protection for renters providing child care:
http://www.publiccounsel.org/tools/a...d-May-2010.pdf

However, in my few years on Earth, I've already realized that legal theory and practical reality are often different. So has anyone here had any experience in providing child care from
a) a rental home
b) in California?

If so, how did this work out in practice? Did the landlords get upset and try to evict you despite what the law says?

Thank you for your answers!
This is a very good question. It really depends on the landlord. Its best to be open with them about it. If they seem hesitant you can always remind them that you'll be happy to add them as an additional insured onto your child care liability policy. This can really help to ease their concerns. Adding them as additional insured would mean that in the event that you are sued for liability and they are included in the law suit they would share your limits.
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Thriftylady 04:04 PM 04-23-2015
Originally Posted by Daycare Insurance:
This is a very good question. It really depends on the landlord. Its best to be open with them about it. If they seem hesitant you can always remind them that you'll be happy to add them as an additional insured onto your child care liability policy. This can really help to ease their concerns. Adding them as additional insured would mean that in the event that you are sued for liability and they are included in the law suit they would share your limits.
I rent, and have been in this home 9 years. I started my legally unlicensed daycare in August but had no kids until Feb. My landlord has no clue, his guy was here last week to start some repairs but I doubt said a word. But I can't seem to get insurance since I am legally unlicensed. I would get some, if I could find it.
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daycare 07:38 PM 04-23-2015
Originally Posted by Daycare Insurance:
This is a very good question. It really depends on the landlord. Its best to be open with them about it. If they seem hesitant you can always remind them that you'll be happy to add them as an additional insured onto your child care liability policy. This can really help to ease their concerns. Adding them as additional insured would mean that in the event that you are sued for liability and they are included in the law suit they would share your limits.
In California it is against the law for a landlord to refuse to rent to you because you run a child care.
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Sergio 01:16 PM 04-24-2015
So today we notified our property manager by email. Her reply was basically: "I will forward your notice to the landlord for approval."

Ugh. Whatever.

The worst thing about childcare laws in California is the lack of knowledge among real estate lawyers, real estate agents, and even property managers.
Why are they all so badly misinformed??!?! How do they earn their money?

In the future, I will keep you updated on our situation, because I think our experience could prove useful for others.

P.S. Maybe I am stupid, but how do I register for this forum?
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UnregistSergeiered 01:28 PM 04-24-2015
Also, let me catch you up about two other issues that have been proven important so far.

#1. This paragraph from the link in my OP is important:

====
If the tenant entered into a periodic tenancy (e.g. a month-to-month tenancy with no specified period of duration), the landlord is required to give: a) a 60-day written notice to a tenant who has lived in the rental property for over one year; or b) a 30-day written notice. The notice need not state a reason for the eviction. However, if the tenant signed a lease covering a term (for example, 6 months, 1 year, 5 years), the landlord cannot end the lease until the term expires unless the tenant violates a condition of the lease.
====

Basically, we insisted on a 3-year lease, because e would be comfortable moving out in 2018.

#2. A common question is: Should you tell the landlord before you sign the lease? Here is a story that helps you understand why my answer is a definite NO.

We have friends who actually did ask before they signed a 1-year lease, and the landlord said yes. Hurray- right? Wrong! Only a month later, when their notice arrived, the landlord consulted his lawyers and got scared. Then, the landlord made it clear that they wouldn't extend the 1-year lease (see the paragraph above). So our friends were forced to choose between moving out immediately, or in 1 year. Again- all of that despite the fact that they asked the landlord before signing the lease. So my opinion: Don't ask.
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Blackcat31 06:09 AM 04-25-2015
Originally Posted by Sergio:

P.S. Maybe I am stupid, but how do I register for this forum?
Scroll past the first section in this link:

https://www.daycare.com/forum/faq.ph...q_vb3_register

Directions on how to register are found in the second section.
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Sergio 11:45 AM 04-25-2015
Thank you! I am glad to be part of your community!
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Blackcat31 07:25 AM 04-26-2015
Originally Posted by Sergio:
Thank you! I am glad to be part of your community!
Welcome to the forum
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Unregistered 07:44 AM 04-26-2015
Here's my story!
We had the perfect, darling, near the beach, fenced in yard, little house picked out. We were set to sign the lease. We gave the management company the deposit. It was all ours. Then my husband and father in law started thinking we really should tell them first. I firmly disagreed. We told them. The management company told the owner and the owner said she didn't want to rent to us because of the childcare.

I told them that is against the law. I called family childcare law office (free law services to help family childcare legal situations). Family childcare law office said I was right. But, they were busy with way bigger problems and that I could sue her on my own dime and what would I win? I get to live where someone doesn't want me? Then it will be so fun while she comes and checks on us daily... until she kicks us out for some fake reason. I let the whole thing go. Still bitter!

What makes me really mad is that they were wrong but it didn't matter. And the owner never had to face her victims because I only had to talk to the management company who just kept saying "the owner.... the owner... we understand, but the owner..."
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Sergio 10:48 AM 04-27-2015
Alright, things are getting interesting now. We got the following reply from our Property Manager:

"My clients is furious about the new intent use his property. He is especially disappointed with the fact that you tricked us to sign a 3 years lease when you had the knowledge that you wanted to do a day care. If you are getting paid, then you are operating a business.

He has retained the service of an attorney and he is going to do everything in his power to stop the day care. The property is not safe for children. Even with release of liability, the landlord can be sued and so am I since I am managing the property.

You misrepresented yourself by saying you were going to work at [my wife's current place]."

I arranged a personal meeting, because I sincerely don't want any trouble.
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Unregistered 11:00 AM 04-27-2015
Wow! Well now you have written documentation that the reason for wanting you out is an illegal one.
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Margarete 11:30 AM 04-27-2015
Also this statement he made is possibly illegal "The property is not safe for children" Federal law prohibits housing discrimination based on if children will live/ occupy the property. They can only have a limit on number of occupants who live at the property, not the age of occupants (or on age of possible visitors to the property)

Fair Housing Act
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
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Margarete 11:47 AM 04-27-2015
You misrepresented yourself by saying you were going to work at [my wife's current place]."

Is this something that they can use? Are you working there now, or going to work there while your wife starts doing day care in the home? I would suggest starting there soon at least for a little while (if possible) that way they can't use this to justify their illegal discrimination.

No where in rental or home loan situations do they require you to continue the job you are currently in, as long as you can continue to pay the mortgage/ rent It shouldn't matter, (unless you are using the property to conduct illegal business).
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Sergio 12:02 PM 04-27-2015
I always worked and will continue to work at a different place than my wife. I hope the "you" in that sentence refers to my wife (she wrote the initial notification), although our landlords have been clueless so far, so who knows?
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Margarete 12:15 PM 04-27-2015
ah okay didn't know who the "you" was referring to. Sounds like then you are fine in that regard as that *is* where she works... No where did you guarantee that she would continue to work at her current job for any length of time (and there is no way you could)
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Sergio 12:23 PM 04-27-2015
Originally Posted by Margarete:
and there is no way you could
Exactly.
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Blackcat31 12:27 PM 04-27-2015
Originally Posted by Sergio:
Alright, things are getting interesting now. We got the following reply from our Property Manager:

"My clients is furious about the new intent use his property. He is especially disappointed with the fact that you tricked us to sign a 3 years lease when you had the knowledge that you wanted to do a day care. If you are getting paid, then you are operating a business.

He has retained the service of an attorney and he is going to do everything in his power to stop the day care. The property is not safe for children. Even with release of liability, the landlord can be sued and so am I since I am managing the property.

You misrepresented yourself by saying you were going to work at [my wife's current place]."

I arranged a personal meeting, because I sincerely don't want any trouble.
I am not understanding how "they" think you tricked them?

You aren't required to inform them of future plans until those plans become a reality. Otherwise they are nothing more than plans.
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Sergio 12:44 PM 04-27-2015
I know, right?
I keep calm by reminding myself that it is their choice of words, and people are free to choose their words in our great country.
Honestly though, if their response isn't an example of utter cluelessness, I don't know what is.
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Blackcat31 12:50 PM 04-27-2015
Originally Posted by Sergio:
I know, right?
I keep calm by reminding myself that it is their choice of words, and people are free to choose their words in our great country.
Honestly though, if their response isn't an example of utter cluelessness, I don't know what is.
Well, its a good thing they put it in writing then.
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Margarete 12:57 PM 04-27-2015
They (the owner and property manager) are obviously unaware of the laws. Using words like "he is going to do everything in his power to stop the day care" make it where if they try to use a different reason, it's pretty easy to point to the real reason if it comes down to a legal fight.
With a signed 3 year lease, and that last statement in writing (yes?) You have a lot going for you if you want to push this.
It really bothers me that people get away with illegal discrimination like this (and the unregistered story too).
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Margarete 01:04 PM 04-27-2015
I would ask the property manager what his response would be if the property owner said that about someone who is black, gay or (insert religious group here) living in the property? ... or children (which he did) It is all illegal discrimination.
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Sergio 01:08 PM 04-27-2015
Great idea, Margarete! Let me see how this sounds:

"My clients is furious about the new intent use his property. He is especially disappointed with the fact that you tricked us to sign a 3 years lease when you had the knowledge that you want to convert to Buddhism.

He has retained the service of an attorney and he is going to do everything in his power to stop your conversion to Buddhism. The property is not safe for Buddhists. Even with release of liability, the landlord can be sued and so am I since I am managing the property.

You misrepresented yourself by saying you were going to work at [my wife's current place]."

LOL, too easy...
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Sergio 01:34 PM 04-27-2015
But yes, to elaborate on the "cluelessness", I decided to deconstruct their message. Like so:

#1. My clients is furious about the new intent use his property.

- What exactly is the new intent?

#2. He is especially disappointed with the fact that you tricked us

- How exactly did we trick you?

#3. when you had the knowledge that you wanted to do a day care

- There are many things that my wife knows, and you aren't allowed to ask about.

#4. If you are getting paid, then you are operating a business.

- That's just false. Although personally, I understand why this assumption is being made.

#5. He has retained the service of an attorney and he is going to do everything in his power to stop the day care.

- It's illegal for you to stop the day care at your home.

#6. The property is not safe for children.

- You're telling us now? After we told you that my wife is pregnant, and we want to start a family?

#7. Even with release of liability, the landlord can be sued and so am I since I am managing the property.

- True. You can be sued for any reason that would have nothing to do with us.

#8. You misrepresented yourself by saying you were going to work at [my wife's current place].

- No, my wife is currently working at the place she mentioned.
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Margarete 02:40 PM 04-27-2015
Family child care may be a business, but California considers it "residential use" . There is no change in use (or intended change of use) of the property.
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Sergio 04:13 PM 04-27-2015
Originally Posted by Margarete:
Family child care may be a business, but California considers it "residential use" . There is no change in use (or intended change of use) of the property.
You seem to know a lot about our issue .
There is one set of questions on my mind that I couldn't find a satisfactory answer to.

Can a small family child care in a California rental home be registered as an LLC?
If not, can my wife's income be taxed as business income (i.e. can the rent etc. be deducted from personal income taxes)?
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Thriftylady 04:38 PM 04-27-2015
Originally Posted by Sergio:
You seem to know a lot about our issue .
There is one set of questions on my mind that I couldn't find a satisfactory answer to.

Can a small family child care in a California rental home be registered as an LLC?
If not, can my wife's income be taxed as business income (i.e. can the rent etc. be deducted from personal income taxes)?
I can tell you what I do, but you need to post this in the taxes section so our expert can answer. You have self employment forms to fill out. You can deduct your expenses on a time percentage. That lowers the taxes. The percentage is how much square footage do you have, how much of that is used for daycare, how many hours per year is it used for daycare. This percentage is used against rent/house payment, utilities, etc. Then there are expenses that are deductible at 100% if they are used ONLY for daycare. I have always done my own taxes, even with hubby being a truck driver (another complication), but I have a little accounting background. I am NOT a tax accountant in any way. Your wife's "income" will be lowered somewhat by the "expenses". I don't understand a ton about LLC, but then your wife would take a paycheck and the business would pay payroll taxes, like any other employer in my understanding so withholding each pay period and such would have to take place.
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Sergio 04:50 PM 04-27-2015
Thanks for the information, thriftylady! I will start a new thread in the "Taxes" section.
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Thriftylady 05:05 PM 04-27-2015
Originally Posted by Sergio:
Thanks for the information, thriftylady! I will start a new thread in the "Taxes" section.
And I answered there with what I know. Limited though it is.
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Unregistered 09:11 AM 04-28-2015
Wow, sorry its progressing like this :/ I wrote my story about the house by the beach above. I'm wondering if you have called family childcare law and what they said. For me, it took them a long long time to return my messages and when they finally did, it was too bad, can't help. But really, I hadn't moved in yet. I had given them the deposit check and was scheduled to sign the lease. The manager mailed me my deposit check back.

You are really in a bad situation now. Because you are in a three year lease with people who don't want you there and are going to make your life suck as best they can and probably raise the rent as often and high as they legally can and they will probably try to evict you in any way they can get away with... :/ I don't know what I would do in your shoes.
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Sergio 11:52 AM 04-28-2015
Another update. We met with the Property Managers today, and they told us that they didn't know about child care laws in CA. So we gave them a print-out of the link in my OP, and in addition, explained why we would be better tenants than those who don't run a child care.

"You are really in a bad situation now. Because you are in a three year lease with people who don't want you there and are going to make your life suck as best they can and probably raise the rent as often and high as they legally can and they will probably try to evict you in any way they can get away with..."

That's not a fact yet. I am an optimist!
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earlystart 12:33 PM 04-28-2015
Give this to them and highlight the pertinent information:

http://www.ccld.ca.gov/res/pdf/Famil...nantRights.pdf

A helpful brochure: https://www.redwoodcity.org/parks/ch...singforFCC.PDF

You don't necessarily need to take them to court or get a lawyer, you need to contact Fair Housing and they will advocate for you, and investigate, and I believe fine them if they are breaking the law.

I rent in CA, and I didn't tell my landlord ahead of time. I gave them the required 30 day notice of intent to open a daycare (license form LIC 9151) and I also included
the relevant sections of that pdf that shows that they can't refuse me, but they can request to increase my deposit (they did) and be added to the liability policy (they did).

P.S. for all the legal/tax questions you and your wife may have, you want to read everything Tom Copeland has written about it, he is the authority on daycare business taxes and that kind of stuff. He has several books that will walk you through everything you need to do to run the daycare properly. You can check out his website for more info: http://tomcopelandblog.com/
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Baby lady 04:43 PM 04-28-2015
This should be helpful too. California specific

http://childcarelaw.org/resource/kno...ntal-property/
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daycare 05:00 PM 04-28-2015
Originally Posted by earlystart:
Give this to them and highlight the pertinent information:

http://www.ccld.ca.gov/res/pdf/Famil...nantRights.pdf

A helpful brochure: https://www.redwoodcity.org/parks/ch...singforFCC.PDF

You don't necessarily need to take them to court or get a lawyer, you need to contact Fair Housing and they will advocate for you, and investigate, and I believe fine them if they are breaking the law.

I rent in CA, and I didn't tell my landlord ahead of time. I gave them the required 30 day notice of intent to open a daycare (license form LIC 9151) and I also included
the relevant sections of that pdf that shows that they can't refuse me, but they can request to increase my deposit (they did) and be added to the liability policy (they did).

P.S. for all the legal/tax questions you and your wife may have, you want to read everything Tom Copeland has written about it, he is the authority on daycare business taxes and that kind of stuff. He has several books that will walk you through everything you need to do to run the daycare properly. You can check out his website for more info: http://tomcopelandblog.com/
I went through this last year. While FH did back me up and did try to fight it, they needed me to do all kinds of things in order for them to be able to fine him. Things that I didn' have the time to do. I live in a small city, so the chances of me running into this person was very possible and I didn't want any issues.

I chose to let it go. Sucks, but I was not going to fight someone who didn't want me living in their house. That would have been a horrible situation.

I even came equipped with a 2.5 million dollar policy, excellent credit and a letter from my previous landlord and neighbors about how clean the inside and outside of my past rental was. The neighbors wrote letters supporting my DC as well, saying they were never bothered by it and etc. In the end, I found a place that was not really what i wanted, but the landlord is AWESOME. He loves what I have done to the house, cleaned up the yard, have gardeners, painted the fences, replaces the mailbox and so on.
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Sergio 05:15 PM 04-28-2015
Wow, thank you all for more information! I feel so blessed to have found this forum!

Originally Posted by daycare:
I In the end, I found a place that was not really what i wanted, but the landlord is AWESOME. He loves what I have done to the house, cleaned up the yard, have gardeners, painted the fences, replaces the mailbox and so on.
Are you saying that you told him before you signed the lease? If so, are you worried that he may change his mind about your DC in the future?
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daycare 08:07 PM 04-28-2015
Originally Posted by Sergio:
Wow, thank you all for more information! I feel so blessed to have found this forum!


Are you saying that you told him before you signed the lease? If so, are you worried that he may change his mind about your DC in the future?
so at the time that I had to move, which was very unexpected, I was the only income in my family. SO I had no choice but to be very up front and tell the new
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Little Learners 06:27 AM 04-29-2015
Originally Posted by Unregistered:
Here's my story!
We had the perfect, darling, near the beach, fenced in yard, little house picked out. We were set to sign the lease. We gave the management company the deposit. It was all ours. Then my husband and father in law started thinking we really should tell them first. I firmly disagreed. We told them. The management company told the owner and the owner said she didn't want to rent to us because of the childcare.

I told them that is against the law. I called family childcare law office (free law services to help family childcare legal situations). Family childcare law office said I was right. But, they were busy with way bigger problems and that I could sue her on my own dime and what would I win? I get to live where someone doesn't want me? Then it will be so fun while she comes and checks on us daily... until she kicks us out for some fake reason. I let the whole thing go. Still bitter!

What makes me really mad is that they were wrong but it didn't matter. And the owner never had to face her victims because I only had to talk to the management company who just kept saying "the owner.... the owner... we understand, but the owner..."

I wouldn't be bitter, it was probably for the best because after the lease expired they would have legally decided not to rent to you. Also, since you didn't disclose it on the rental application, they were legally within their right to withdraw the property. Look at it from their standpoint, it's a lot of wear and tear on the carpet and liability. Would you be willing to replace carpet and pay for damage?

People who are suggesting move in and not tell the owner about the daycare would be making big mistake. Not disclosing that you are running a business could be grounds for terminating the lease, and they could evict you. Many, not all home owners check on their property so odds are you will get caught or the neighbors would tell the homeowner.

I would negotiate with a landlord, and have it in writing that you would pay for repairs and damage caused and replace the carpet etc. from the excessive wear. Have frequent walk thru's to demonstrate that you are taking excellent care of their property. Best way to approach that imo.
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Sergio 02:46 PM 05-01-2015
A quick update.
After brushing up on California's anti-discrimination laws, the owner is now happy that my wife will run a small child care in his home. We are going to meet him in person soon.
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daycare 04:20 PM 05-01-2015
Originally Posted by Sergio:
A quick update.
After brushing up on California's anti-discrimination laws, the owner is now happy that my wife will run a small child care in his home. We are going to meet him in person soon.
when you meet with him talk to him what his concerns are about. If you are renting now, get a letter from you landlord talking about how awesome you are as renters and the condition of your property. Let them know what you plan to do to take extra care of the house because you always need to obtain curb appeal to attract new clients, keep the house cleaned better to get and keep clients. Get letters of reference from your neighbors. and let them know that you plan to keep only a small group.

At first mine was not happy either and I invited him to my house. I showed him the before pics of the house I was in (it was not too good) and then he had the chance to see all the improvements I made on my dime. New windows, toilets, sinks, replaces all of th light fixtures, new front door, new mail box, ripped out the old grass and planted some beautiful plants.

Once he saw all of that and my insurance policy he changed his mind...
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Unregistered 07:50 PM 05-01-2015
@little learners above: you're wrong actually. It is not grounds for terminating the lease. That's the whole point of this thread. It's CA law. We are protected and we don't need permission. What we have to do is give notice before we start. And I did tell the truth on the application. I wrote 'child care provider unemployed'. And no, I wouldn't have ever paid to redo the carpet or walls because, again, its the law that renters don't get penalized for wear and tear after a number of years. I would have stayed till that number was up, and then some. Just like the other places I have lived. Are you in CA? This is a about CA laws.
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Little Learners 07:31 AM 05-13-2015
Sorry but I'm on both sides of the coin, and having a daycare business does impact your house. Yes I've read CA tenant/landlord laws, and if that landlord wanted you out they could get you on other things. Or if neighbors complain and document, even in CA he could have a case, it's not so cut and dried. I would never do a 3 year lease though because if we don't like someone they are out end of lease.

However, my point was much better to have a good relationship, and be upfront. Unemployed daycare provider is not the same as running a daycare business from someone else's home.

Telling them, and quoting how the law is behind you isn't going to make for a great relationship. I would have been upfront before the application, stating how you will take excellent care of everything etc. and from frequent walk thru's they could see that. We've had mostly great tenants, and most have stayed long term. If the home was well taken care of we didn't raise rent and put in new stairs for one lady who had knee surgery. One the other hand one tenant was a lawyer we got out in 6 months.

Again my main point is you don't want to live in someone else's home who doesn't want you to be there.
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Sergio 04:23 PM 05-18-2015
Little Learners,

Thank you for your perspective! I agree that it is very important for a tenant to have a good relationship with the landlord. If it's alright with you, I would very much like to better understand your side of the coin now.

First of all, do you have properties in California?

Originally Posted by Little Learners:
I would never do a 3 year lease though because if we don't like someone they are out end of lease.
Conversely, I as a tenant wouldn't do anything less than a 3 year lease, because I don't want to move every year.


Originally Posted by :
However, my point was much better to have a good relationship, and be upfront. Unemployed daycare provider is not the same as running a daycare business from someone else's home.
Please, clarify. What exactly is the difference here?

Originally Posted by :
I would have been upfront before the application, stating how you will take excellent care of everything etc. and from frequent walk thru's they could see that.
Well, we told our previous landlord, but just a few weeks after we had moved in, they changed their mind.

Originally Posted by :
Again my main point is you don't want to live in someone else's home who doesn't want you to be there.
So here is my main question. As a landlord, why wouldn't you want a small family child care provider as your tenant?

Thank you for your time! I am looking forward to your answers.
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MarinaVanessa 05:24 PM 05-18-2015
Originally Posted by Little Learners:
I would have been upfront before the application, stating how you will take excellent care of everything etc. and from frequent walk thru's they could see that. We've had mostly great tenants, and most have stayed long term. If the home was well taken care of we didn't raise rent and put in new stairs for one lady who had knee surgery. One the other hand one tenant was a lawyer we got out in 6 months.

Again my main point is you don't want to live in someone else's home who doesn't want you to be there.
With all due respect, unfortunately I have heard story after story about how providers have notified potential landlords of their intent and the landlords have found one reason or another not to rent. I know a provider who applied and was approved to 8 different rental homes (because of her previous rental history and credit rating) but as soon as she notified of them of her intent (before signing the contract) they found reasons to rent to someone else. The 9th time she did not disclose the information and was approved then signed the lease and then she told the landlord. Yes the landlord was peeved but she explained the situation and her dilemma. The point is that no one would give her the chance to prove that she could still be a good tenant and she did everything right ... had a great contract which included property damage and noise etc, and she had referral letters from her previous landlords. It didn't matter, no one else would give her a chance.
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Little Learners 07:58 AM 05-19-2015
Originally Posted by Sergio:
Little Learners,

Thank you for your perspective! I agree that it is very important for a tenant to have a good relationship with the landlord. If it's alright with you, I would very much like to better understand your side of the coin now.

First of all, do you have properties in California?



Conversely, I as a tenant wouldn't do anything less than a 3 year lease, because I don't want to move every year.



Please, clarify. What exactly is the difference here?


Well, we told our previous landlord, but just a few weeks after we had moved in, they changed their mind.



So here is my main question. As a landlord, why wouldn't you want a small family child care provider as your tenant?

Thank you for your time! I am looking forward to your answers.

If the property is daycare friendly, no pool, no zoning.. city issues... and the house was going to be well taken care of then I wouldn't be opposed to it. Doesn't matter what part of the country, if someone "told" me they were going to run a business I would have a problem. Now if they want to tell me what they'd like to do, and how it would work and my feelings on that....that's another matter. Most people are very open, once you've been upfront.

We could negotiate if there was more then "normal wear and tear", then they could pay to replace the carpet/tile what have you. That is more then fair and may not even be needed. Someone posted one here that, they wouldn't make that offer...seriously and expecting a 3 year lease with a home business.. Very telling imo.

You may take excellent care of the property, but they only have your word in the beginning. I think it's wiser to do a year lease, and when the landlord see's the daycare doesn't impact the home or neighborhood, then you can renew for much longer. I'd rather have tenants stay long term, and most of ours have been there on average 3-4 years. I'm on a landlord forum, and many from CA and almost everyone says the same thing, they will go through hoops to keep a great tenant.

How many times have I heard, "we'll take good care of the property"? They all say that. So do a year lease, and once you demonstrate you are responsible it won't be a problem imo.

I thought I was pretty clear, work it out in the beginning before you sign and move in. Make sure it's in the lease and approved regardless of CA law. So what if in 3 years you were a great tenant, but the landlord is still steamed that they were "forced" to keep you because you quoted them the law. Your business is going well, you love the home, and they boot you out. Then you are back to shampoo, rinse, repeat..not fun.

Finally, not everyone is going to agree with my statements, BUT this is how most landlords feel. We can quote all the laws we want, go on the Fair Housing Forum etc. but I'm being honest in how it really works.
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Little Learners 08:07 AM 05-19-2015
Originally Posted by MarinaVanessa:
With all due respect, unfortunately I have heard story after story about how providers have notified potential landlords of their intent and the landlords have found one reason or another not to rent. I know a provider who applied and was approved to 8 different rental homes (because of her previous rental history and credit rating) but as soon as she notified of them of her intent (before signing the contract) they found reasons to rent to someone else. The 9th time she did not disclose the information and was approved then signed the lease and then she told the landlord. Yes the landlord was peeved but she explained the situation and her dilemma. The point is that no one would give her the chance to prove that she could still be a good tenant and she did everything right ... had a great contract which included property damage and noise etc, and she had referral letters from her previous landlords. It didn't matter, no one else would give her a chance.
No offense at all, and it's hard to believe she couldn't find one especially since she had previous landlords stating how responsible she was.

I can't answer that, except maybe they didn't consult their lawyer and check into the liability and insurance aspect. Or maybe they did...

Hopefully it all works out.
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Sergio 01:46 PM 05-19-2015
Little Learners,

Unfortunately, not everybody is like you. Perhaps, a good compromise would be, if a landlord explicitly stated in their ad whether they are OK with tenants providing child care or not.
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Tags:daycare - rental, rental
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